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2026 DAILYLAW 11012 (BOM)

MAYUR DATTATRAY BHOKARE v. STATE OF MAHARASHTRA

BA/2546/2026 · 2026-09-23

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

67.BA.2546.2026.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2546 OF 2026 Mayur Dattatray Bhokare .. Applicant Versus State of Maharashtra .. Respondent ....................  Mr. Tanmay Kate a/w. Mr. Ashraf Kazi, Advocates i/by Mr. Vipul Dushing, Advocate for Applicant.  Ms. Rajeshree V. Newton, APP for Respondent – State.  PSI – Mr. Avinash Mohan Dedage, Talegaon Dabhade Police Station present. ......…........… CORAM : MILIND N. JADHAV, J. DATE : SEPTEMBER 23, 2026. P.C.: 1. Heard Mr. Kate, learned Advocate for Applicant and Ms. Newton, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail in connection with C.R.No.326 of 2025 registered with Talegaon Dabhade Police Station, District Pune for offences punishable under Sections 118(1), 189(2), 189(4), 191(2), 191(3), 190 read with 34 of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’) and Sections 4 and 25 of the Arms Act. The First Information Report is filed on 04.11.2025 and Applicant came to be arrested on 04.11.2025. 1 of 4 67.BA.2546.2026.doc 3. Applicant is indicted in a crime and has been in incarceration for the past more than 10 months. The incident in question happened at the spur of the moment while Applicant and the Complainant were both seated in a bar consuming drinks with their friends. The commotion in the bar became intolerable to both of them and they entered into a verbal spat which led to the incident in question. Simple injury has been caused. The injury certificate is appended at page No.34 of the Application. I have perusal the same. 4. Considering the fact that there was no premeditation and the incident occurred at the spur of the moment, Applicant has already suffered incarceration for more than 10 months, I am inclined to allow the Application. 5. The learned Public Prosecutor has however submitted that in view of the antecedents of Applicant, the bail should be rejected. I have considered the said issue also. It is infact the Complainant's own case on Affidavit that the said incident occurred due to misunderstanding and Affidavit has been filed. It has not been considered by the learned Sessions Court and the Bail Application has been rejected merely on the ground of antecedents. 6. As has been noted hereinabove, there was no premeditation, plan, or any motive whatsoever which is borne out from the records and therefore, I am inclined to grant bail. 2 of 4 67.BA.2546.2026.doc 7. Hence, in view of above prima facie observations and findings, Bail Application of Applicant is allowed subject to the following terms and conditions:- (i) Applicant – Mayur Dattatray Bhokare is directed to be immediately released from prison in connection with CR. No.326 of 2025; (ii) Applicant is directed to be released on bail on furnishing P.R. Bond of Rs.10,000/- (Rs. Ten Thousand only) with one or two sureties in the like amount; (iii) Applicant shall report to the Investigating Officer at Talegaon Dabhade Police Station, once every month, on the first Sunday of the month between 10:00 a.m. to 12:00 p.m. until commencement of trial and thereafter shall attend all dates of hearing before the Trial Court; (iv) Applicant shall cooperate with the conduct of the trial and remain present before the Trial Court on all dates, unless specifically exempted. Applicant shall not seek unnecessary adjournments. Any such conduct shall entitle the prosecution to apply for cancellation of bail; (v) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court; 3 of 4 67.BA.2546.2026.doc (vi) Applicant shall not influence any of the witnesses or tamper with the evidence in any manner; (vii) Applicant shall keep the Investigating Officer informed of his current residential address and mobile telephone number and shall forthwith inform the Investigating Officer of any change in his residential address or mobile telephone number, as and when such change occurs; and (viii)Any breach or infraction of any of the aforesaid conditions shall entail cancellation of the bail granted to the Applicant. 8. It is clarified that the observations made in this order are limited for the purpose of granting bail only and I have not made any observations on merits of the case. The trial shall be adjudicated on the strength of the evidence led and strictly on its own merits being uninfluenced with any of the prima facie observations made hereinabove in this order. 9. Bail Application is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay 4 of 4 AJAY TRAMBAK UGALMUGALE Digitally signed by AJAY TRAMBAK UGALMUGALE Date: 2026.09.23 20:48:37 +0530